The panel included Recording Academy President/CEO Neil Portnow as the only business witness with the other five witnesses being music creators in various roles in the industry and two of the other five being Trustees of the Recording Academy. The hearing discussed several specific bills, including the Fair Play Fair Pay Act, the Music Modernization Act, the CLASSICS Act, and the AMP Act, and urged the committee to join them in their quest to make comprehensive updates to copyright law.

The hearing was led by Rep. Bob Goodlatte (R-Va.), Chairman of the House Committee on the Judiciary, who set the stage for the day's discussion and outlined Congress' role in this critical conversation.

"When crafting our current copyright laws governing music licensing, Congress could not have foreseen all of today’s technologies and the myriad of ways consumers engage with creative works," said Goodlatte. "[This] field hearing will be an excellent opportunity to hear directly from a wide of range of music professionals on the opportunities and challenges the music industry faces in the digital age.”

Ranking Member Jerry Nadler (D-N.Y.) was delighted to have the hearing — and Music's Biggest Night — take place on his home turf in New York City, but he was also determined to spur momentum for progress in the way of copyright reform.

So thrilled to be celebrating the #GRAMMYs on the West Side of NYC! Thanks to @GRAMMYAdvocacy for everything they do for the music in our lives.

"There is widespread agreement that the music licensing system is in need of comprehensive reform," said Nadler. "This hearing will be an important step in our effort to update the music licensing system and examine the specific problems most in need of a legislative solution."

Several Congress members on the committee have previously shown their strong support for creators' rights, but hearing perspectives on these issues from inside the industry put faces and voices to the cause. As the witnesses described the challenges they face in monetizing their art and their craft, the interconnection between issues and the overarching need for reform began to snap into focus.

"I love the idea of combining the [bills] into a comprehensive statutory bill of rights for musical artists and songwriters, and other people in the music industry," said Rep. Jamie Raskin (D-Md.), who was quick to offer his support.

Congress Judiciary Committee Hearing

Taking the notion one step further, Rep. Ted Lieu (D-Calif.) contextualized the competitive advantage of incentivizing creativity, saying, "If you look at the various sectors of the economy, we can do very well in various sectors such as high-tech or agriculture, bio-tech, tourism, and one of those sectors is the creative economy. In California, where I'm from, one in 10 jobs are related to the creative economy. … It doesn't just happen, you need a legal framework to protect creators and also create incentives."

Passing all of these individual acts as a combined consensus bill would go a long way toward creating the incentives to which Lieu referred. The committee members asked many questions that delved into both how royalties are handled in the current catalogs of the creators on the panel, and how they as lawmakers can ensure future music professionals are entering a business climate set up to be as fair as possible.

"If some pay and others don't, we truly have an unfair competition problem by those who don't," said Rep. Darrell Issa (R-Calif.), noting that the committee has a broad jurisdiction, even beyond copyright, and that they are tasked with the responsibility to look to all types of law, including anti-trust and unfair competition, so business can develop their business models on a fair playing field."

However, there are many considerations in making any industry fair.

Presenting some of the alternate perspectives affected by these issues, Rep. Blake Farenthold (R-Texas), who started working as a DJ at a radio station at age 15, seemed less sympathetic to the performers, though somewhat open to considering the creators' perspective.

"You get complete sympathy from me that I believe songwriter, in particular,r are underpaid. I think the performers, I used to say, 'Well get out and play some more concerts and you can make some more money,'" said Farenthonld. "But I want to come up with a fair solution for everybody, and I really do like some of the bills that are out here."

Shifting the conversation to online, Farenthold spoke to the need for a consolidated database so that services like YouTube will know who to pay for the use of sound recordings. GRAMMY-nominated songwriter Tom Douglas pointed out that part of the MMA would essentially establish a collective clearinghouse for all songwriters and publishers that will enable proper payment of streaming royalties.

As the panel of witnesses divulged the tribulations of making a living in the recording industry, many Congress members couldn't help but express gratitude, no only for their time testifying on these crucial issues, but for the music they've given the world. The committee members were nearly all moved in some way by the life's work of the witnesses, whether it was GRAMMY-winning legend Dionne Warwick, GRAMMY-nominated singer/songwriter Aloe Blacc or multi-platinum producer Mike Clink, who turned heads in the room by revealing his integral role as producer for bands such as Guns N' Roses and Mötley Crüe.

"Thank you all for what you have done to make life better, and what you continue to do," said Rep. Val Demings (D-Fla.), weighing in as the newest member of the committee. "Music brings hope to some of the most hopeless people and children."

No doubt, the star power of the witness panel inspired a level of gratitude and awe in the committee, but these brave spokespeople truly represented the wide swath of creators and their rights. Ultimately, these issues go much deeper than the music's most successful musicians, songwriters and producers, and even go beyond music in terms of impacting all creative fields.

"I wouldn't want anyone to leave with the idea that this is just a situation that affects either the top musicians in the country as opposed to all musicians," said Raskin, "or just this industry because there are lots of people across the economy who are not getting the fair fruits of their labors and their participation in the economy."

The legendary artist testified before the House Judiciary Committee on behalf of legacy music creators whose works are not fully protected under current copyrights laws

Brian Haack

Advocacy

Feb 9, 2018 - 3:22 pm

“Legendary artist Booker T. Jones summed it up best at the recent House Judiciary Committee hearing, some of our most iconic and ground-breaking tracks are dismissed and disrespected by a quirk in the law.” – Conversations In Advocacy #8

Multi-instrumentalist, songwriter, producer/arranger, and multi-GRAMMY winning artist Booker T. Jones was one of several prominent creators and music professionals to address the House Judiciary Committee during their GRAMMY week field hearing – "Music Policy Issues: A Perspective From Those Who Make It" – held in New York City at Fordham University School of Law on Jan. 26.

Jones' testimony included vocal support for the CLASSICS Act, which has now been introduced in the House and the Senate, with key co-sponsors from both chambers’ Judiciary Committees, including original sponsors Congressman Darrell Issa (R-Calif.), Congressman Jerry Nadler (D-N.Y.), Senator Chris Coons (D-Del.) and Senator John Kennedy (R-La.). The Act would fix a gaping loophole in copyright law that presently allows digital services like satellite radio and music streaming platforms to stream or broadcast recordings made before 1972 without paying royalty fees to artists or other rights holders.

He gave as an example his instrumental single "Green Onions" (released by Booker T. and The M.G.s), which was one of the biggest hits of 1962, and has since been inducted into both the GRAMMY Hall Of Fame and the Library Of Congress as an exemplar of American musicianship. Within the current scope of copyright law, any digital music service can broadcast or stream "Green Onions" with no legal compulsion to compensate Jones or any other rights holder on the song, all because it had the misfortune of being released pre-1972.

"[B]ecause of a quirk in the law, many of our most timeless treasures …are dismissed and disrespected as not meriting compensation to the featured artists, non-featured artists, and producers," said Jones, speaking on behalf of himself and countless other legacy artists who are negatively affected by the copyright shortfall. Jones cited examples such as Otis Redding's "Sittin' On The Dock Of The Bay" and Sam & Dave's "Soul Man" as examples of popular classics which digital services were free to use without royalty compensation.

"Artists are trying to protect their rights at the state level because of the lack of clarity at the federal level." – Booker T. Jones

Jones further pointed out that the unclosed loophole at the federal level has opened up digital services to litigation on a state-by-state basis as artists struggle to establish some form of legal precedent to inform policy changes at a national level. "[T]ime is running out for many of these legacy artists and we shouldn’t have to fight state by state to get the compensation we deserve," Jones added. "This uncertainty is bad for artists, and it’s bad for the digital music services."

Jones also argued that the new CLASSICS Act would, "clarify that all pre-1972 sound recordings have protection under the federal copyright system," ensuring that all sound recordings are handled under that same licensing system, regardless of when they were released, while also providing legal air cover for digital services that play by the new rules. "It’s a win-win for everyone," he declared.

In concluding his testimony, Jones encouraged the committee to consider the rich legacy of recorded music released prior to 1972, lauding the "spirit of cooperation" that has already led to call for comprehensive music reform combining the CLASSICS Act with the AMP Act and the Music Modernization Act. Finally, he exhorted the committee, "Don't let another opportunity to bring music into the 21st century slip away. Correct the law now so that all music creators …can make a living from the work they do that enriches all our lives."

After years of sustained advocacy by the Recording Academy and its members, comprehensive music reform has gained new momentum in 2018. Just two weeks ago, the Music Modernization Act passed the House of Representatives with a unanimous 415 – 0 vote on April 25. This vote immediately follows the unanimous approval by the House Judiciary Committee on April 11, where members passed the bill in a 32 – 0 vote.

Roberts, Robinson and Kear have all been active participants in the Recording Academy's advocacy work, with Roberts and Robinson speaking on behalf of the Academy at GRAMMYs On The Hill in 2018 and 2016, respectively. Kear, meanwhile, spoke with lawmakers as part of the Academy’s 2013 GRAMMY Week Congressional Briefing.

These artists are all taking the important step of testifying at next week's Senate hearing because of the comprehensive set of reforms that MMA represents. Incorporating some of the most important provisions of the AMP Act, the CLASSICS Act, and the Fair Play Fair Pay Act, the songwriter-focused Music Modernization Act will close the compensation loophole for works of recorded music created prior to 1972 currently exploited by digital platforms without compensating artists. In addition, the MMA will increase industry efficiency and transparency by establishing a single licensing entity to administer mechanical licensing for songwriters, all while making it easier for internet platforms and streaming services to lawfully license the music in the first place. And for the first time, it will recognize the contributions of producers and engineers in copyright law.

The time is now to enact equitable reforms to music licensing laws that have been allowed to remain unchanged for a generation and close loopholes that allow digital platforms to exploit creators without fair compensation.

Producer Mike Clink Delivers Testimony On Crucial Music Issues

The platinum-selling producer conveyed the dire need for the modernization of copyright policy to protect and reward studio professionals behind the scenes

Nate Hertweck

Advocacy

Feb 2, 2018 - 3:20 pm

"Did you watch the House Judiciary Committee hearing on music issues last week? It was so great that they had witnesses representing all music creators. It wasn't just the big names you see on stage, but people that work behind the scenes like producer Mike Clink." — Conversations in Advocacy #7

Clink has spent the nearly four decades producing, recording and mixing some of the world's biggest artists, including the likes of Guns N' Roses, Mötley Crüe, Megadeth, and Heart. His unique perspective on the issues facing music creators started with articulating the critical role a producer plays in the creative process.

"Unlike recording artists, the role of the producer is less understood by the public — a sentiment reflected in copyright law, or lack thereof," said Clink. "Producers and other studio professionals, like sound engineers and mixers, work behind the scenes, but they are an integral part of the creative process for any sound recording. Their names might not be as well-known as the stars onstage, but it is safe to say there would be no stars without a producer behind them."

Producer Mike Clink at work in the recording studio
Photo: Matt Hayward/Getty Images

Clink pointed out that producers bring sound recordings to life across all genres, and that while a select few such studio professionals have become well-known names, such as George Martin, Quincy Jones and Pharrell Williams, the vast majority do not receive fame or fortune despite being so integral to the process.

"Despite their indispensable role in the creation of sound recordings, music producers have never been mentioned in federal copyright law," said Clink. "In fact, they are the only individuals directly involved in the creation of music to lack copyright protections. The omission of copyright protections diminishes their role as music makers and hinders their ability to directly collect royalties."

In a display of unity among the various key players in the music industry, Clink testified alongside a diverse lineup of music creators, including singer/songwriter Aloe Blacc, country songwriter Tom Douglas, three-time GRAMMY winner Booker T. Jones, Recording Academy President/CEO Neil Portnow, and five-time GRAMMY winner Dionne Warwick.

Clink and Dionne Warwick testify at the House Judiciary Committee Field Hearing on Jan. 26, 2018, in New York City
Photo: Sean Zanni/Getty Images

However, Clink's unique perspective as a record producer made him the most suitable to address issues such as the implications of the omission of producers in the Digital Performance Right in Sound Recordings Act, the promising yet inefficient system of collecting digital royalties through SoundExchange, and the dire need for the Allocations For Music Producers Act.

"The AMP Act was reintroduced at the start of the 115th Congress, and would extend rights to producers, codifying into law their right to collect the royalties they are due. The bill now has the bipartisan support of 50 House members," said Clink, adding that the AMP Act is supported by major music organizations, including the Recording Academy.

But the AMP Act, while crucial, is one component of the effort to modernize copyright law. Clink closed his testimony with a compelling argument for a comprehensive approach to reform.

"Fair Play Fair Pay … would immediately benefit thousands of American performers, musicians, recording artists and studio professionals … while also ushering in much needed reforms that close outdated loopholes and level unlevel playing fields," said Clink. "Likewise, the CLASSICS Act… would address sound recordings released before 1972 and help clarify that they too would have federal copyright protections. Similarly, the Music Modernization Act… would address antiquated laws affecting songwriters."

Together, these bills have been endorsed by more than 20 music organizations, and offer Congress the "opportunity to solve multiple decades-long problems and inherent inequities in the law by ushering in solutions that are more reflective of the digital era," according to Clink, not only to "ensure a better present for today’s music makers, but to safeguard that the music makers of tomorrow can still enter this industry with the confidence and comfort to know that their work will be valued and protected."

Rep. Darrell Issa's Retirement Brings New Urgency To CLASSICS Act

As a champion of artists in Congress moves on, the fight for the critical bill he introduced to modernize copyright continues

Nate Hertweck

Advocacy

Jan 12, 2018 - 1:32 pm

"Retiring Congressman Issa is spot-on when it comes to legacy artists. It 'makes little sense' that pre-1972 sound recordings aren't protected under federal copyright protections, and it's about time Congress acts to fix this nonsensical loophole." — Conversations in Advocacy #5

Music creators and fans alike are continually incredulous to learn that recordings created prior to 1972 are not given the same copyright protection as modern recordings due to inconsistent and unworkable state laws. Last year, the CLASSICS Act was introduced, representing a bill that would fix the problem and close this decades-old loophole.

Now, as one of Congress' leading advocates for artists' rights, Rep. Darrell Issa (R-Calif.), has announced his retirement, the music community is reminded of the critical need to pass the CLASSICS Act and level the playing field for copyright holders.

Issa championed the cause of bringing pre-1972 copyrights out of the dark ages, an effort he articulated in an op-ed for Variety last summer. Issa has also been a proponent of granting artists and producers a terrestrial radio performance right, earning him a well-deserved honor at the 2010 GRAMMYs on the Hill Awards.

"Rep. Issa has been a great champion of fair compensation for artists," said Daryl Freidman, Chief Industry, Government & Member Relations Officer for the Recording Academy. "We will miss his friendship, leadership and humor. But before he retires, we look forward to finishing together the work we started to support music and to ensure that the current and next generation of creators are respected and compensated fairly for their work."

In July 2017, Issa introduced the CLASSICS Act — which stands for Compensating Legacy Artists for their Songs, Service and Important Contributions to Society — to Congress on a bipartisan basis to empower artists to collect royalties for the past three years directly through SoundExchange and finally treat their pre-1972 recordings like their newer peers. He has also been a consistent cosponsor of the Fair Play Fair Pay Act that will grant a radio performance right for artists and producers.

Adding additional context to the severity of the issue, Four Tops founding member Duke Fakir derided the copyright loophole with a real-world take on the dire necessity of the CLASSICS Act.

"This digital rip-off has been a disaster for many older artists, diverting the fruits of their labors — funds that should be their lifeline — to the balance sheets of some of the wealthiest companies in the world," said Fakir, who with the Four Tops earned a Recording Academy Lifetime Achievement Award in 2009. "Digital radio earns millions every year from the exploitation of pre-'72 music, from big band to Motown to the British Invasion. Yet artists who recorded those classics — many of whom are no longer able to tour — struggle for basic food, shelter and medical care.

"It's ridiculous, it's unfair, and it's about time we make it illegal."

Fakir's plea, and the action proposed with the CLASSICS Act, is that digital radio treat all music the same, regardless of when it was recorded, ensuring that the same royalties are paid for vintage songs as for new material.

Issa's retirement announcement reminds us how meaningful and impactful his work has been on behalf of the music community and how crucial it is to see his efforts through by supporting the CLASSICS Act.

"Conversations in Advocacy" is your weekend digital tip sheet on music advocacy and the policies that affect music makers and their craft. New installments post every Friday.

Some of the content on this site expresses viewpoints and opinions that are not those of the Recording Academy. Responsibility for the accuracy of information provided in stories not written by or specifically prepared for the Academy lies with the story's original source or writer. Content on this site does not reflect an endorsement or recommendation of any artist or music by the Recording Academy.